factual

After termination of my Cream franchise, what must I do with items containing Cream's marks?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (6) return to us or destroy (as we require) all items, forms, and materials containing any Mark or otherwise identifying or relating to Jeni's Ice Creams Scoop Shops, and any and all Confidential Information (including the Brand Manual and any and all customer data or other information from your Computer System);

Source: Item 23 — RECEIPTS (FDD pages 61–192)

What This Means (2025 FDD)

According to Cream's 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, franchisees must either return to Cream or destroy (as Cream requires) all items, forms, and materials containing any Cream mark or otherwise identifying or relating to Jeni's Ice Creams Scoop Shops. This includes any and all confidential information, such as the Brand Manual and any customer data from the computer system.

Additionally, franchisees must remove all materials and signage bearing Cream's marks from both the interior and exterior of the premises. Franchisees are also required to make alterations specified by Cream to distinguish their shop clearly from its former appearance and from other Cream locations. This is to prevent public confusion and comply with non-competition provisions.

Cream also has the right to take action on behalf of the franchisee to correct any deficiencies related to de-identification, including entering the premises and removing signs or materials containing Cream's marks. The franchisee is responsible for reimbursing Cream for all costs and expenses incurred in correcting these deficiencies. Cream is appointed as the franchisee's attorney-in-fact to take such actions and execute necessary documents.

These requirements are typical in franchise agreements to protect the brand's identity and prevent consumer confusion after a franchise relationship ends. Franchisees should carefully review these obligations to understand the full scope of their responsibilities upon termination or expiration of their Cream franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.